THE IMPACT OF DECENTRALIZATION ON THE FUNCTIONING OF THE GOVERNMENT IN TERMS OF THE CONSTITUTIONAL REFORM
Journal Title: Порівняльно-аналітичне право - Year 2016, Vol 1, Issue
Abstract
The article investigates the impact of decentralization on the functioning of the government in the current conditions of constitutional reform and European integration interstate. The basic prerequisites for the formation of the concept of decentralization and its meaning today. Based on the analysis reveals specific features of the organization and activities of the government in the context of constitutional decentralization. Optimal ways to improve the forms and methods of public power based transfer a significant amount of power at the level of local government. It was established that the formal legal sense, decentralization – this being locally elected authorities other than the administrative power of the state, the implementation of the law within its own powers and responsibilities, for which it has the status of local government (municipal public power) for some state control. Thus, we can conclude that decentralization is inseparable from the idea of local self-government and democracy. Based on these conceptual and methodological framework, the level of functioning of state and government institutions in terms of broader constitutional reform decentralization should be understood as complex constitutional and legal and industry legal process of transferring powers of public authorities from the state to regional and / or municipal level with a view to the fullest provision the effective exercise of the rights and legitimate interests of citizens – members of local communities through as close to the communities of financial resources, material and technical base of power, administrative services, methods of protection and redress. This decentralization of public power can develop in two directions – regionalization deepest option that is federalization and municipalization, and for a unitary state most effective and intrinsic form of decentralization is precisely municipalization as significantly strengthen the place and role of local governments and local communities as a completely important in the daily life of society.
Authors and Affiliations
А. С. Калінкін
Keywords
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